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Federal Register/Vol. 85, No. 114/Friday, June 12, 2020/Notices

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Federal Register/Vol. 85, No. 114/Friday, June 12, 2020/Notices 35972 Federal Register / Vol. 85, No. 114 / Friday, June 12, 2020 / Notices III. Commission Findings worked per year.23 Using the SES CONTACT PERSON FOR MORE INFORMATION: Section 3(e) of SIPA sets forth the government employee salary as a For further information; please contact procedures for addressing proposed benchmark is appropriate given the Vanessa A. Countryman from the Office SIPC rules and bylaws.18 Pursuant to similarity in the seniority and public of the Secretary at (202) 551–5400. Section 3(e)(1)(B) of SIPA, the mission of both SES government Dated: June 10, 2020. Commission found that the proposed employees and SIPC Board members. Vanessa A. Countryman, The proposed increase in the bylaw changes involved a matter of such Secretary. Chairperson’s, acting Chairperson’s, or significant public interest that public [FR Doc. 2020–12842 Filed 6–10–20; 11:15 am] comment should be obtained and the SIPC Board-delegated Chairperson’s BILLING CODE 8011–01–P required that the procedures applicable honorarium from $15,000 to $28,000 to SIPC proposed rule changes in maintains the same approximate ratio section 3(e)(2) of SIPA be followed.19 between the current private sector Section 3(e)(2) of SIPA sets forth the directors’ honoraria and that of the DEPARTMENT OF STATE procedures for proposed rule changes Chairperson, acting Chairperson, or the [Public Notice 11136] and provides that the Commission shall SIPC Board-delegated Chairperson. approve a proposed rule change if it For these reasons, the Commission Updating the State Department’s List finds the change is in the public interest finds, pursuant to Section 3(e)(2)(D) of of Entities and Subentities Associated and is consistent with the purposes of SIPA, that it is in the public interest and With Cuba (Cuba Restricted List) SIPA. As discussed below, the is consistent with the purposes of SIPA Commission finds, pursuant to Section to increase the honoraria of the private ACTION: Updated publication of list of 3(e)(2)(D) of SIPA, that the proposed sector directors to account for the entities and subentities; notice. bylaw change is in the public interest increased responsibilities and time SUMMARY: and consistent with the purposes of commitments associated with the The Department of State is SIPA.20 positions and the potential legal risk the publishing an update to its List of As noted above, the SIPC Board’s private sector directors face, as well as Restricted Entities and Subentities honoraria have not increased since to provide an incentive to recruit well- Associated with Cuba (Cuba Restricted 2006. However, SIPC states that the qualified directors.24 List) with which direct financial responsibility of the SIPC Board transactions are generally prohibited IV. Conclusion members has increased since the 2008 under the Cuban Assets Control financial crisis. For example, since It is therefore ordered, pursuant to Regulations (CACR). The Department of 2006, SIPC has been responsible for Section 3(e)(2) of SIPA, that the Commerce’s Bureau of Industry and three major SIPA liquidations: Bernard proposed bylaw change (SIPA 2019–01) Security (BIS) generally will deny L. Madoff Investment Securities LLC; is approved.25 applications to export or reexport items Lehman Brothers, Inc.; and MF Global for use by entities or subentities By the Commission. identified by the Department of State in Inc. Moreover, Congress designated J. Matthew DeLesDernier, SIPC to serve as trustee in the orderly the Federal Register or at https:// Assistant Secretary. liquidation of certain systemically www.state.gov/cuba-sanctions/cuba- important broker-dealers in the Dodd- [FR Doc. 2020–12735 Filed 6–11–20; 8:45 am] restricted-list/, unless such transactions Frank Wall Street Reform and Customer BILLING CODE 8011–01–P are determined to be consistent with Protection Act of 2010.21 SIPC reports sections 2 and 3(a)(iii) of NSPM–5. that these additional responsibilities DATES: Applicable on June 12, 2020. SECURITIES AND EXCHANGE have coincided with an increase in the COMMISSION FOR FURTHER INFORMATION CONTACT: time commitment for the role, including Emily Belson, Office of Economic travel to attend SIPC Board meetings. In Sunshine Act Meeting; Cancellation Sanctions Policy and Implementation, addition, SIPC Board members have 202–647–6526; Robert Haas, Office of been sued in their capacity as Board FEDERAL REGISTER CITATION OF PREVIOUS the Coordinator for Cuban Affairs, tel.: members.22 Finally, the Commission ANNOUNCEMENT: 85 FR 34669, June 5, 202–453–8456, Department of State, believes it is important to SIPC’s 2020. Washington, DC 20520. customer protection mission to recruit PREVIOUSLY ANNOUNCED TIME AND DATE OF SUPPLEMENTARY INFORMATION: well-qualified individuals to serve on THE MEETING: Wednesday, June 10, 2020 Background the SIPC Board. SIPC directors should at 2:00 p.m. serve the public interest and carry out CHANGES IN THE MEETING: On June 16, 2017, the President its mission of protecting investors. The Closed Meeting scheduled for Wednesday, June signed National Security Presidential The Commission also believes that the Memorandum-5 on Strengthening the proposed increases in the honoraria are 10, 2020 at 2:00 p.m., has been cancelled. Policy of the United States toward Cuba reasonable. In particular, the amount of (NSPM–5). As directed by NSPM–5, on the proposed honoraria for the private November 9, 2017, the Department of sector directors that do not serve as 23 The maximum SES salary in 2019 was $192,300. See Salary Table No. 2019–ES: Rates of the Treasury’s Office of Foreign Assets Chair ($12,000 annually) is in line with Basic Pay for Members of the Senior Executive Control (OFAC) published a final rule in the maximum compensation paid to an Service (SES), available at https://www.opm.gov/ the Federal Register amending the SES government employee, after pro policy-data-oversight/pay-leave/salaries-wages/ CACR, 31 CFR part 515, and the rating for the estimated number of days salary-tables/pdf/2019/ES.pdf (effective January 2019). When pro rating that salary for 16 days of Department of Commerce’s Bureau of service a year on the SIPC Board, the equivalent Industry and Security (BIS) published a 18 See 15 U.S.C. 78ccc(e). amount earned equals $12,307 (i.e., $192,300 * 16 final rule in the Federal Register 19 See Notice, 85 FR 5513. days/250-day work year). Therefore, the proposed 20 See 15 U.S.C. 78ccc(e)(2)(D). honoraria of $12,000 approximates a pro-rated amending, among other sections, the 21 See 12 U.S.C. 5385(a)(1). version the current maximum SES salary. section of the Export Administration 22 See, e.g., Canavan v. Harbeck, Case No. 2:10– 24 See 15 U.S.C. 78ccc(e)(2)(D). Regulations (EAR) regarding Cuba, 15 cv–00954–FSH–PS (D.N.J. 2010). 25 See 15 U.S.C. 78ccc(e)(2). CFR 746.2. The regulatory amendment VerDate Sep<11>2014 17:43 Jun 11, 2020 Jkt 250001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 114 / Friday, June 12, 2020 / Notices 35973 to the CACR added § 515.209, which entities and subentities were listed also Fiesta Americana Punta Varadero generally prohibits direct financial effective November 9, 2017, unless Effective November 15, 2018 transactions with certain entities and otherwise indicated. also Fiesta Club Adults Only Effective subentities identified on the State *** Entities or subentities owned or March 12, 2019 Department’s Cuba Restricted List. The controlled by another entity or subentity Grand Aston Varadero Resort Effective regulatory amendment to 15 CFR 746.2, on this list are not treated as restricted November 15, 2019 notes BIS will generally deny unless also specified by name on the Grand Memories Varadero applications to export or re-export items list. *** Hotel El Caney Varadero Effective April for use by entities or subentities 24, 2019 identified on the Cuba Restricted List. Ministries Hotel Las Nubes Effective November 15, The State Department is now updating MINFAR—Ministerio de las Fuerzas 2018 the Cuba Restricted list, as published Armadas Revolucionarias Hotel Oasis Effective November 15, 2018 below and available on the State MININT—Ministerio del Interior Iberostar Bella Vista Effective November Department’s website (https:// 15, 2018 www.state.gov/cuba-sanctions/cuba- Holding Companies Iberostar Laguna Azul restricted-list/). CIMEX—Corporacio´n CIMEX S.A. Iberostar Playa Alameda This update includes seven additional Compan˜ ı´a Turı´stica Habaguanex S.A. Melia´ Marina Varadero subentities. This is the sixth update to GAESA—Grupo de Administracio´n Melia´ Marina Varadero Apartamentos the Cuba Restricted List since it was Empresarial S.A. Effective April 24, 2019 published November 9, 2017 (82 FR Gaviota—Grupo de Turismo Gaviota Melia´ Peninsula Varadero 52089). Previous updates were UIM—Unio´n de Industria Militar Memories Varadero published November 15, 2018 (see 83 Naviti Varadero Hotels in Havana and Old Havana FR 57523), March 9, 2019 (see 84 FR Ocean Varadero El Patriarca 8939), April 24, 2019 (see 84 FR 17228), Aparthotel Montehabana Ocean Vista Azul July 26, 2019 (see 84 FR 36154) and Gran Hotel Bristol Kempinski Effective Paradisus Princesa del Mar November 19, 2019 (see 84 FR 63953). November 15, 2019 Paradisus Varadero The State Department will continue to Gran Hotel Manzana Kempinski Sol Sirenas Coral update the Cuba Restricted List H10 Habana Panorama periodically. Hostal Valencia Hotels in Pinar del Rio The publication of the updated Cuba Hotel Ambos
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